High court skeptical of Carcieri's avoiding testimony in tribal case

PROVIDENCE — Justices on Rhode Island's Supreme Court were skeptical Wednesday that Gov. Don Carcieri enjoys special protections shielding him from testifying in a trial over a violent raid on a smoke shop run by the Narragansett Indian tribe in 2003.

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By RAY HENRY

southcoasttoday.com

By RAY HENRY

Posted Nov. 1, 2007 at 12:01 AM

By RAY HENRY

Posted Nov. 1, 2007 at 12:01 AM

» Social News

PROVIDENCE — Justices on Rhode Island's Supreme Court were skeptical Wednesday that Gov. Don Carcieri enjoys special protections shielding him from testifying in a trial over a violent raid on a smoke shop run by the Narragansett Indian tribe in 2003.

A lawyer for Carcieri appeared before the court to fight a lower judge's decision ordering him to testify in the criminal trial of seven Narragansett Indian tribe members accused of resisting or assaulting state police troopers during the raid on tribal lands on July 14, 2003.

The tribal government opened a shop to sell tax-free cigarettes, arguing its lands were exempt from state tax law. Federal courts later rejected that claim.

When police arrived to search the shop, a brawl broke out between officers and tribe members. Carcieri publicly said after the raid that he had ordered state police to retreat if they encountered resistance. Lawyers for the tribe want a jury to weigh whether police ignored Carcieri's orders and used too much force.

Carcieri attorney Marc DeSisto argued that Rhode Island's top court should recognize an executive privilege adopted in other states that shields high-ranking political leaders from taking the witness stand unless their testimony is absolutely critical.

But justices seemed hesitant to embrace that standard. Justice Maureen McKenna Goldberg said Rhode Island lawmakers have never voted to give public officials a general protection against testimony. She said it would be an extraordinary step if the court chose to grant that privilege.

Goldberg also questioned whether such a privilege would apply to government records or hamper investigations into political corruption. Several judges asked why Carcieri could not testify in court about his orders to police when he had already spoken about them in public, including on a talk radio show.

DeSisto said the privilege was designed not to protect the content of Carcieri's testimony, but to keep him from being harassed and distracted by petty legal proceedings. Unless the court prevents Carcieri from testifying, other public officials will needlessly face litigation, DeSisto said.

"You're going to be inundated with this," DeSisto told the court. "That's why we need this privilege, to say we discourage this, we don't want this."

The justices also had sharp questions for defense attorney William Devereaux, repeatedly asking whether Carcieri's testimony was even relevant to the case. Devereaux represents six of the seven tribe members charged in the case.

Goldberg said it probably does not matter what Carcieri told police since she doubted a sitting governor could put limits on a court-approved search warrant. She also questioned whether the defense team wanted to embarrass Carcieri in court over a chaotic raid filmed by TV crews.

"There was a circus-like atmosphere, and there is a suggestion that you want to bring that show into this building with the governor of the state of Rhode Island, which is of great concern," she said.

At the end of the hearing, Williams ordered all sides to meet again with a court mediator and try negotiating in an attempt to avoid setting a legal precedent in the case.

"Get with it," Williams said, scolding the attorneys.

Attorney General Patrick Lynch has said the defendants have rejected multiple plea offers. Devereaux said his clients were open to talks, but he would not say what terms they might accept.